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Petition for Legal Sanction and Order for Damages against KBS Jeju

Petition for Legal Sanction and Order for Damages against KBS Jeju

We, the Worldwide JYJ Union and its constituent organizations, members and allies, hereby condemn the conduct of the Korean Broadcasting System Jeju (hereafter, “KBS Jeju”) for its repeated and open breaches of its public duty and violations of the rights of consumers and artists. On July 16th, it unilaterally cancelled the scheduled public appearance of group and Jeju honorary ambassadors JYJ for the New 7 Wonders of Nature (hereafter, “N7W”) promotional event of 20 July, 2011. We hold KBS Jeju responsible for all financial and non-financial damages suffered by the international consumers and JYJ. We petition for full restitution and rectification of the damages from the following parties:

KBS Jeju – We demand a satisfactory explanation, a public apology, and due compensation to the members of JYJ and the consumers of the Korean Wave for its open disregard for the contractual and quasi-contractual duties it owed them. JYJ has given due reliance to the representation by KBS Jeju as a public servant hosting a publicly-funded TV special for Jeju Island and thus has fulfilled its duties in good faith as official Honorary Ambassadors of Jeju Island. KBS’s refusal to perform its own duties in reciprocation unjustly enriched KBS Jeju and Jeju Island. Further, it caused JYJ financial damages by causing them to disappoint fans who have already spent significant time, effort, and money for Jeju Island’s selection as a N7W and to attend the TV Special. We also demand that these damages to the international consumers incurred through their proper reliance on KBS Jeju be paid.

Korea Fair Trade Commission and Consumer Protection Agency – We beseech the authorities of the Korean government to investigate and publicize the reasons behind the sudden cancellation of JYJ’s scheduled public broadcast appearance and to impose appropriate punitive measures against all offending parties in light of the judgment of the Seoul Central District Court of 17 February 2011, wherein it was declared that any party or entity that interferes with the entertainment activities of JYJ shall pay a fine of 20 million won. Such open disregard for the country’s system of justice is an affront to public morals and to the international reputation of Korea.

Government of the Republic of Korea and the Ministry of Culture, Sports and Toursism – We express disappointment that the Korean Government continues to support with public money SM Entertainment and the institutional scheme it supports despite their being openly contrary to Korea’s rule of law and her international normative commitments. We also charge Jung Byung Gook, the Minister of Culture, sports and Tourism Ministry of Culture, with conduct contravening his appointment promises and his public duty. Jung Byung Gook pledged in congressional hearings that he would combat the practice of slave contracts and the other abuses in the entertainment industry in order to secure himself the office. Contrary to these pledges, he acted as a personal liaison of SM Entertainment when he physically travelled to Paris, France to personally meet with fans of SM Entertainment products and make promises of procuring them tickets to the company’s concerts in Korea. The Minister also has caused the Ministry to award the founder of SM Entertainment Pop Music Producer Award despite public knowledge of his criminal history and the current conduct against JYJ and other entertainers that contravenes the law. We appeal to the Government of theRepublic ofKorea to immediately investigate Jung Byung Gook for his violation of the public trust and misuse of public funds.

This petition is endorsed by the following organisations and their individual members: